Case Reports

The High Court has rejected an argument to the effect that the term ‘re-hearing’ in s.38 of the Courts of Justice Act 1936 entitled the appellant to re-argue his case based on evidence already given before the Circuit Court and that his appeal should not proceed by way of de novo hearing

The High Court has determined four preliminary issues in LinkedIn’s appeal of a DPC decision which sought to reprimand LinkedIn in relation to its processing of personal data and imposed fines totalling €310 million Delivering judgment for the High Court, Ms Justice Nessa Cahill determine

The Supreme Court has determined that an international protection applicant was not entitled to Francovich damages following the CJEU’s confirmation that the State properly transposed EU law on reception standards Delivering judgment for the Supreme Court, Mr Justice Gerard Hogan determined th

The High Court has ordered Supermacs to pay outstanding rent arrears and interest to the former owner of a Kilkenny premises. Delivering judgment for the High Court, Mr Justice Sean Gillane determined: “There is nothing to recommend the proposition, as a matter of principle or logic, that abse

The High Court has answered a case stated concerning service outside the jurisdiction and the effect of defective service on the District Court’s jurisdiction. Delivering judgment for the High Court, Mr Justice Barry O'Donnell opined that “the manner in which the attendance of an accused

The High Court has struck out 2015 debt recovery proceedings brought by Everyday Finance DAC for want of prosecution where 4 years of apparent inactivity had occurred. Delivering judgment for the High Court, Mr Justice Barry O’Donnell explained that “when one considers the close emphasis

The Court of Appeal has granted leave to apply for judicial review of the Circuit Court’s refusal to allow a disabled litigant in person time to prepare her case by adjourning her criminal appeal hearing. Delivering judgment for the Court of Appeal in March, Ms Justice Nuala Butler explained:

Northern Ireland’s Crown Court has imposed a custodial sentence on a man whose DNA was found on pipe bombs which were deployed at three residential properties. Delivering judgment for the Crown Court, Mr Justice Stephen Fowler concluded: “Anyone handling such devices, particularly with a

The Supreme Court has determined that the Court of Appeal erred in directing a retrial on an indictment which had subsequently been amended by the Special Criminal Court at trial. Delivering judgment for the Supreme Court, Ms Justice Aileen Donnelly explained that “the jurisdiction of the Cour

The Supreme Court has granted leave to appeal on the proper construction of a standard interest variation clause in Bank of Ireland commercial loan agreements. Granting leave to appeal, the Supreme Court determined: “Given that this is a standard term, it remains important to construe the rang

The High Court has dismissed the claim of a RCSI student who suffered personal injuries while indoor wall climbing at a facility in Sandyford. Delivering judgment for the High Court, Mr Justice Paul Coffey expressed that while the court had “every sympathy for the plaintiff”, the plainti

The High Court has refused to extend time for the widow of a deceased man to bring defamation proceedings against parties including the HSE, the Mater Hospital and two medical professionals. Delivering judgment for the High Court, Ms Justice Siobhán Phelan explained that “the Deceased w

The High Court has determined that Enoch Burke was lawfully transferred from Mountjoy to Castlerea Prison. Delivering judgment for the High Court, Mr Justice Brian Cregan determined that the transfer occurred for reasons which were neither arbitrary, capricious nor unjust and reiterated that “

The Court of Appeal has dismissed an appeal against the refusal of the High Court to strike out a land dispute for delay, notwithstanding very significant delays in the proceedings. Delivering judgment for the Court of Appeal, Ms Justice Niamh Hyland determined that “despite the very great del

The Court of Appeal has upheld the decisions of the High Court finding that Ireland is the most appropriate forum for hearing Declan Ganley’s defamation proceedings and refusing to strike out the proceedings against two defendants. Delivering judgment for the Court of Appeal, Mr Justice Denis